Text file: 4363.txt
author: MINAMINA
downvotes: 7
end consideration date: 2013-04-02
id: '4363'
number comments: 23
number views: 3883
proposal type: Competent authority response
response: "Response by the Ministry of Labour, Family, Social Affairs and Equal Opportunities\n\
  The Law on Amendments and Additions to the Law on Social Security Benefits (Official\
  \ Gazette of the Republic of Slovenia, No. 88/2016), which was adopted on 30.12.2016\
  \ and entered into force on 1.2.2017, provides in Article 8 for the procedures related\
  \ to the reservation of the prohibition of alienation and encumbrance of immovable\
  \ property. The Supreme Court of the Republic of Slovenia will ex officio delete\
  \ all endorsements of the prohibition of alienation and encumbrance of immovable\
  \ property that were entered in the computerised general register after 1 January\
  \ 2012. The deletion of the endorsement of the prohibition of alienation and encumbrance\
  \ of immovable property will be carried out irrespective of the provisions on the\
  \ order of deciding on the entries in the land registry proceedings and without\
  \ issuing a decision on deletion. There shall be no objection, appeal or other remedy\
  \ against such cancellation in the land registration procedure. The Supreme Court\
  \ of the Republic of Slovenia shall, of its own motion, discontinue all proceedings\
  \ initiated for the registration of the endorsement of the prohibition of alienation\
  \ and encumbrance of immovable property in respect of matters which have not yet\
  \ been assigned to the person responsible for the resolution of the matter by the\
  \ date of application of this Law\nIn the light of the above, the party does not\
  \ have to pay anything back in order to have the endorsement on the property deleted.\
  \ The deletion of the endorsement will be made ex officio by the Supreme Court of\
  \ the Republic of Slovenia.\nFurthermore, the law provides in Article 9 for a limitation\
  \ of inheritance for the care allowance and the cash social assistance. The inheritance\
  \ of the property of a deceased who received assistance under the social welfare\
  \ regulations applicable until the entry into force of this Law shall be limited\
  \ to 2/3 of the funds received by the deceased under the protection allowance. In\
  \ the case of a cash social allowance received under the social security legislation\
  \ applicable until the entry into force of this Law, the inheritance of the deceased's\
  \ property shall not be limited if the deceased received that allowance for 12 months\
  \ or less. If the deceased received the assistance referred to in the preceding\
  \ paragraph for more than 12 months, the succession to the deceased's property shall\
  \ be limited to the amount of the assistance received, reduced by the 12 highest\
  \ monthly amounts, and then reduced by 1/3 of the remaining monthly amounts of the\
  \ assistance received.\nPursuant to Article 54a, the inheritance of the property\
  \ of a deceased who has received assistance under the social security legislation\
  \ shall be limited to the value of the assistance which the deceased has received\
  \ in the form of social assistance or a protection allowance, if that assistance\
  \ was granted to him because he owned a dwelling in which he actually resided and\
  \ had a registered domicile, the value of which was in excess of EUR 120 000, and\
  \ he was temporarily unable to secure his subsistence in that dwelling owing to\
  \ circumstances beyond his control.\nIn the light of the above, we would like to\
  \ clarify that the law has been amended with regard to the repayment of social assistance\
  \ and the protection allowance received, so that, for the purposes of the limitation\
  \ of inheritance, the social assistance and the protection allowance received are\
  \ taken into account only in cases where the beneficiary is the owner of a dwelling\
  \ or a house with a value of more than EUR 120 000. In these cases, if the heirs\
  \ wish to inherit the property, they are required to pay back the social assistance\
  \ and the protection allowance received in the full amount of the aid given.\n "
response date: 2017-04-06
response due date: null
sent date: 2013-03-04
title: reimbursement of social benefits
upvotes: 27
url: https://predlagam.vladi.si/predlog/4363
